HIRANAND Vs. LRS. OF RAMAKANT BHATT

JUDGEMENT

(1.) THIS writ petition has been filed by the private defendants against the order dtd.25.8.2010 passed by the learned Civil Judge (J.D.), Banswara in civil suit No.26/2005 ­ Shri Ramakant Bhatt V/s Hiranan and ors. whereby the learned trial Court has rejected the defendants' application for not admitting the document in evidence, namely, the patta issued by the Municipal Board, Banswara in favour of plaintiff ­ respondent as the same was not registered document.

(2.) HAVING heard the learned counsels for the parties, this Court is of the opinion that such interlocutory orders do not require any interference under Article 227 of the Constitution of India. The defendants will be free to raise these objections at the time of final hearing of the suit and they can take these issues further in appellate forum. However, at this stage, the impugned order does not require any interference as the same does not appear to be suffering from any serious infirmity in law.

(3.) IN the case of Jai Singh and ors. V/s Municipal Corporation of Delhi and Anr. reported in (2010) 9 SCC 385 in para 15 thereof, the Hon'ble Apex Court uses the words "the exercise of jurisdiction must be within the well-recognized constraints. It cannot be exercised like a "bull in a china shop", to correct all errors of judgment of a court or tribunal, acting within the limits of its jurisdiction.